82 FR 16069 - Affirmative Decisions on Petitions for Modification Granted in Whole or in Part

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 82, Issue 61 (March 31, 2017)

Section 101(c) of the Federal Mine Safety and Health Act of 1977 and 30 CFR part 44 govern the application, processing, and disposition of petitions for modification. This Federal Register Notice notifies the public that MSHA has investigated and issued a final decision on certain mine operator petitions to modify a safety standard.

[Federal Register Volume 82, Number 61 (Friday, March 31, 2017)]
[Notices]
[Pages 16069-16070]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06339]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Affirmative Decisions on Petitions for Modification Granted in 
Whole or in Part

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Notice.

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SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of 
1977 and 30 CFR part 44 govern the application, processing, and 
disposition of petitions for modification. This Federal Register Notice 
notifies the public that MSHA has investigated and issued a final 
decision on certain mine operator petitions to modify a safety 
standard.

ADDRESSES: Copies of the final decisions are posted on MSHA's Web site 
at http://www.msha.gov/READROOM/PETITION.HTM. The public may inspect 
the petitions and final decisions during normal business hours in 
MSHA's Office of Standards, Regulations, and Variances, 201 12th Street 
South, Suite 4E401, Arlington, Virginia 22202. All visitors are 
required to check in at the receptionist's desk in Suite 4E401.

FOR FURTHER INFORMATION CONTACT: Barbara Barron at 202-693-9447 
(Voice), [email protected] (Email), or 202-693-9441 (Telefax). 
[These are not toll-free numbers].

SUPPLEMENTARY INFORMATION:

I. Introduction

    Under section 101 of the Federal Mine Safety and Health Act of 
1977, a mine operator may petition and the Secretary of Labor 
(Secretary) may modify the application of a mandatory safety standard 
to that mine if the Secretary determines that: (1) An alternative 
method exists that will guarantee no less protection for the miners 
affected than that provided by the standard; or (2) the application of 
the standard will result in a diminution of safety to the affected 
miners.
    MSHA bases the final decision on the petitioner's statements, any 
comments and information submitted by interested persons, and a field 
investigation of the conditions at the mine. In some instances, MSHA 
may approve a petition for modification on the condition that the mine 
operator complies with other requirements noted in the decision.

II. Granted Petitions for Modification

    On the basis of the findings of MSHA's investigation, and as 
designee of the Secretary, MSHA has granted or partially granted the 
following petitions for modification:
     Docket Number: M-2010-047-C.
    FR Notice: 76 FR 2724 (1/14/2011).
    Petitioner: Canyon Fuel Company, LLC, 597 South SR 24, Salina, Utah 
84654.
    Mine: Sufco Mine, MSHA I.D. No. 42-00089, located in Sevier County, 
Utah.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
     Docket Number: M-2013-056-C.
    FR Notice: 79 FR 11140 (2/27/2014).
    Petitioner: Kimmel's Mining, Inc., P.O. Box 8, Williamstown, 
Pennsylvania 17098.
    Mine: Williamstown Mine #1, MSHA I.D. No. 36-09435, located in 
Dauphin County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
     Docket Number: M-2014-024-C.
    FR Notice: 79 FR 45466 (8/5/2014).
    Petitioner: ACI Tygart Valley, 1200 Tygart Valley Drive, Grafton, 
West Virginia 26354.
    Mine: Leer Mine, MSHA I.D. No. 46-09192, located in Taylor County, 
West Virginia.
    Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other 
than power-connection points; outby the last open crosscut; return air; 
permissibility requirements).
     Docket Number: M-2015-017-C.
    FR Notice: 80 FR 54595 (9/10/2015).
    Petitioner: ICG Illinois, LLC, 5945 Lester Road, Williamsville, 
Illinois 62693.
    Mine: Viper Mine, MSHA I.D. No. 11-02664, located in Sangamon 
County, Illinois.
    Regulation Affected: 30 CFR 75.312(c) (Main mine fan examinations 
and records).
     Docket Number: M-2015-026-C.
    FR Notice: 81 FR 3161 (1/20/2016).
    Petitioner: Lone Mountain Processing, Inc., Drawer C, St. Charles, 
Virginia 24282.
    Mine: Clover Fork No. 1 Mine, MSHA I.D. No. 15-18647, Huff Creek 
No. 1 Mine, MSHA I.D. No. 15-17234, Darby Fork No. 1 Mine, MSHA I.D. 
No. 15-02263-02664, located in Harlan County, Kentucky.
    Regulation Affected: 30 CFR 75.310(a)(3) (Installation of main mine 
fans).
     Docket Number: M-2016-008-C.
    FR Notice: 81 FR 21904 (4/13/2016).
    Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning, 
Pennsylvania 16201.
    Mine: Barrett Mine, MSHA I.D. No. 36-09342, located in Indiana 
County, Pennsylvania.

[[Page 16070]]

    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance).
     Docket Number: M-2016-010-C.
    FR Notice: 81 FR 24892 (4/27/2016).
    Petitioner: Buckingham Coal Company, LLC, 14755 Township Rd, 295 S 
E, Glouster, Ohio 45732.
    Mine: Buckingham Mine #6, MSHA I.D. No. 33-04526, located in Perry 
County, Ohio.
    Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray 
systems).
     Docket Number: M-2016-022-C.
    FR Notice: 81 FR 47421 (7/21/2016).
    Petitioner: ACI Tygart Valley, 1200 Tygart Drive, Grafton, West 
Virginia 26354.
    Mine: Leer Mine, MSHA I.D. No. 46-09192, located in Taylor County, 
West Virginia.
    Regulation Affected: 30 CFR 75.1904(b)(6) (Underground diesel fuel 
tanks and safety cans).

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2017-06339 Filed 3-30-17; 8:45 am]
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